Current through Register Vol. 46, No. 12, March 20, 2024
(a) The governing
authority shall establish written policies regarding the rights of the patient
and shall ensure the development of procedures implementing such policies. These
rights, policies and procedures shall afford each patient the right to:
(1) be informed of these rights, and the right
to exercise such rights, in writing prior to the initiation of care, as evidenced
by written documentation in the clinical record;
(2) be given a statement of the services
available by the agency and related charges;
(3) be advised before care is initiated of the
extent to which payment for agency services may be expected from any third party
payors and the extent to which payment may be required from the patient;
(i) the agency shall advise the patient of any
changes in information provided under this paragraph or paragraph (2) of this
subdivision as soon as possible, but no later than 30 calendar days from the date
the agency becomes aware of the change;
(ii) all information required by this paragraph
shall be provided to the patient both orally and in writing;
(4) be informed of all services the agency is
to provide, when and how services will be provided, and the name and functions of
any person and affiliated agency providing care and services;
(5) participate in the planning of his or her
care and be advised in advance of any changes to the plan of care;
(6) refuse care and treatment after being fully
informed of and understanding the consequences of such actions;
(7) be informed of the procedures for
submitting patient complaints;
(8)
voice complaints and recommend changes in policies and services to agency staff,
the New York State Department of Health or any outside representative of the
patient's choice. The expression of such complaints by the patient or his/her
designee shall be free from interference, coercion, discrimination or
reprisal;
(9) submit patient
complaints about the care and services provided or not provided and complaints
concerning lack of respect for property by anyone furnishing service on behalf of
the agency, to be informed of the procedure for filing such complaints, and to
have the agency investigate such complaints in accordance with the provisions of
section
766.9(j)
of this Part. The agency is also responsible for notifying the patient or his/her
designee that if the patient is not satisfied by the response the patient may
complain to the Department of Health's Office of Health Systems
Management;
(10) be treated with
consideration, respect and full recognition of his/her dignity and individuality;
(11) privacy, including confidential
treatment of patient records, and to refuse release of records to any individual
outside the agency except in the case of the patient's transfer to a health care
facility, or as required by law or third-party payment contract; and
(12) refuse consent to advanced tasks performed
by an advanced home health aide, in which case the agency shall provide for the
performance of such tasks by a registered professional nurse.
(b) The governing authority shall
make all personnel providing patient care services on behalf of the agency aware
of the rights of patients and the responsibility of personnel to protect and
promote the exercise of such rights.
(c) If a patient lacks capacity to exercise
these rights, the rights shall be exercised by an individual, guardian or entity
legally authorized to represent the patient.